News & Analysis as of

Investment Canada Act

The liberalization of Canadian foreign investment review continues

by Dentons on

The Investment Canada Act (ICA) threshold for review of direct acquisitions of Canadian businesses by World Trade Organization (WTO) investors (or from WTO investors) has increased from CA$600 million to CA$800 million in...more

Investment Canada: National security risks in foreign acquisitions - All in the eye of the beholder?

by Dentons on

National security risks arising from foreign investments into Canada might, to the untutored eye, seem to be matters that are objectively assessed and not subject to widely divergent interpretation. For example, if a foreign...more

Mapping the shoals: Canada clarifies potential national security concerns about foreign investments

by Dentons on

On December 19, 2016, the Canadian Minister of Innovation, Science and Economic Development issued guidelines (Guidelines) on the national security review process under the Investment Canada Act (ICA)1. The Guidelines...more

What Foreign Investors Need to Know About the New National Security Guidelines under the Investment Canada Act

by Bennett Jones LLP on

On December 19, 2016, the Canadian Government released new Guidelines on the National Security Review of Investments under the Investment Canada Act (the “Act”) increasing review transparency in an effort to bolster foreign...more

Mergers & Acquisitions: Trends to Watch in 2017

Canadian M&A activity rose once again in 2016, surpassing a record-breaking 2015 to become the most active year in Canadian deal-making history. In terms of deal value, 2016 will be second only to the peak of 2007....more

New Guidelines to Help Foreign Investors Navigate National Security Rules under the Investment Canada Act

On December 19, 2016, the federal government released new guidelines on national security reviews under the Investment Canada Act (ICA). The guidelines are part of a new transparency initiative intended to encourage foreign...more

Towards a UK Investment Act?

Against the background of UK policy moving towards a more nationally-led trade and investment policy following this summer’s referendum, the new UK government is still in the process of establishing its policies regarding...more

Two Ways Canada Will Attract Large Foreign Investors in 2017

by Bennett Jones LLP on

Bill Morneau, Canada’s Minister of Finance has announced amendments to the Investment Canada Act aimed at attracting private-sector foreign investment. The Minister expressed the government’s plans to make things easier for...more

Cross-Border Private M&A in Canada: 10 Tips for Foreign Acquirers

Canadian private M&A slowed somewhat in 2015 and early 2016, owing to the depressed market for commodities, but deal flow is roaring back in the latter half of 2016. While Canadian M&A takes many cues from the United States...more

Significant developments in Canadian energy – for the month of May 2016

by Dentons on

Conventional - May 3 – Freehold Royalties Ltd. entered into an agreement with Husky Energy Inc. to acquire royalty production and lands for an aggregate purchase price of $165 million. The transaction closed on May 25,...more

TPP and Foreign Investment Review: Canada Agrees to Increase ICA Threshold to C$1.5-Billion

The Trans-Pacific Partnership (TPP) was concluded on October 5, 2015, and the text was released to the public on November 5, 2015. The TPP is an ambitious free trade agreement between 12 countries in the Asia-Pacific region...more

Canada's New Political Landscape: Implications for Competition Law and Foreign Investment Review

After an unprecedented 78-day election campaign, the Canadian federal election results were announced late in the night of October 19. Canadians awoke to a new prime minister-designate and a Liberal majority government,...more

Antitrust Matters - September 2015

by DLA Piper on

Antitrust investigations are no longer limited to a nation’s borders, or even to a region. Enforcers are more and more sharing information and coordinating their investigative efforts as they strive to uniformly enforce the...more

Canada Adopts Significant Changes to Foreign Investment Review Framework

by DLA Piper on

On 24 April 2015, the Canadian government adopted regulations that significantly affect the foreign investment review framework. With the exception of cultural businesses and investments by foreign state-owned enterprises...more

2015 Federal Budget Highlights Recent Changes to Competition and Foreign Investment Policy

Finance Minister Joe Oliver tabled the 2015 federal budget before the House of Commons on April 21, 2015. The budget highlighted recent policy changes in competition law and foreign investment review, including new powers for...more

New Investment Canada Act Thresholds and National Security Review Periods

The Canadian government has adopted new regulations and implementing orders that: - significantly alter the existing review thresholds under the Investment Canada Act (ICA) for most investors....more

Doing Business in Canada: Foreign Investment & Mergers

INVESTMENT CANADA ACT - Non-Canadians who acquire control of an existing Canadian business or who wish to establish a new unrelated Canadian business are subject to the federal Investment Canada Act (ICA). In either...more

Investment Canada Act and Competition Act Mandatory Review Thresholds For 2014

by Bennett Jones LLP on

On January 20, 2014, the Competition Bureau announced the 2014 “size of transaction” pre-merger notification threshold would increase to $82 million; the 2013 threshold was $80 million. ...more

New Bill Heightens Potential For More Investment Canada Reviews Of SOE Acquisitions

by Dentons on

Last week the Canadian Government introduced amendments to the Investment Canada Act (ICA) to implement its revised policy towards state-owned enterprises (SOEs) which it announced in December last year....more

Focus On Competition, Antitrust And Foreign Investment - January 2013: "Investment Canada And Competition Law – 2012 In Review and...

by Dentons on

In This Issue: - Investment Canada ..State-Owned Enterprises Under Scrutiny - Competition Act ..Mergers ..Cartels And Bid-Rigging ..Price Maintenance ..Abuse Of Dominance ..Competition Bureau...more

Canadian Government Approves CNOOC’s Acquisition of Nexen

by Morgan Lewis on

Monumental US$15.1 billion acquisition results in the largest foreign acquisition by a Chinese company to date. On December 7, the Canadian government approved the acquisition of Calgary, Alberta–based petroleum company...more

Canadian Government Adjusts Rules for Foreign Investment

by Bennett Jones LLP on

On December 7, 2012, the Canadian Minister of Industry announced decisions under the Investment Canada Act (ICA) to allow acquisitions by two foreign state-owned enterprises (SOEs): of Nexen Inc. by China National Offshore...more

PETRONAS Decision Signals Feds' Caution on SOE Investment Reviews

by Bennett Jones LLP on

On October 19, 2012, minutes prior to the expiry of the review period mandated by the Investment Canada Act (ICA), the Minister of Industry, Christian Paradis, announced that he was rejecting the proposed acquisition of...more

Doing Business in Canada: Foreign Investment

by Bennett Jones LLP on

In addition to certain industry sector regulations that may apply, both the Investment Canada Act and the Competition Act subject foreign investments to review in Canada. While the Canadian government encourages foreign...more

Doing Business in Canada: Mergers & Acquisitions

by Bennett Jones LLP on

Significant legal requirements may arise under corporate and securities laws when acquiring or investing in a Canadian company or business in Canada. In a proposed acquisition, the ownership structure of the target business...more

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